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1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Ohio on
Q: I'm an executor of my Mother's estate in Ohio. It has been 5 months since she passed and there are 6 siblings.

One of my siblings had been living there rent-free and is not actively trying to vacate the home. What are my options

Joseph Jaap
Joseph Jaap answered on Jul 14, 2020

If you have opened the estate with the probate court, and if you have a letter of authority issued by the probate court appointing you as executor, then you have the legal right to require the sibling to pay rent. Or you can evict the sibling and otherwise deal with the property as provided in... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: Can I refuse to pay rent and also consider the lease agreement null and void if the will not fix things in my apartment.

I called them on June22 to let them know my A/C was not working properly and received no reply. Then called on July 4 at 9am about a leak in my ceiling and to inquire about the A/C. To date I have still have the leak and my A/C still is not fixed. Also when they do which isn't often answer my... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 14, 2020

The proper approach is to pay your rent on time into escrow with your local court. Check your local court web site for the escrow process. If you don't pay rent, landlord can file to evict you. An eviction is a permanent public record that can make it difficult to rent from a landlord who... Read more »

1 Answer | Asked in Consumer Law for Ohio on
Q: What is the statue of limitations for a bank to sue a person in Columbus, Ohio?

I had a bank account with Huntington National Bank back in 2003. I helped a friend get a rental car so he could go see about his daughter that was in the hospital in New York. The rental payment and everything went fine with no problems. Two weeks later I was informed that my account was overdrawn... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

Is someone actually bringing a claim against you? It's unclear from the question. Determining the statute of limitations depends on what cause of action they're bringing.

1 Answer | Asked in Criminal Law, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Our deed was fraudulently transferred. The criminals have since been convicted. We have yet to have the deed returned.

This happened over 2yrs ago and the title office and everyone else has given us the runaround. The property has since taken on extensive damage due to vandalism ect.. What should be our next steps. Would the county be at least partially responsible for damages? The criminals were ordered almost... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

If the original court proceeding found the transfer to be fraudulent, you can use that to seek a voiding of the transfer. You may need to file a complaint for declaratory judgment and quiet title.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My sister an I are trying to leave an abusive household. But she is 14, how can I gain custody of her I'm 20.

We've called the cops in the past and they didn't help in anyway. My family member is threatening to get us beaten up. We want to leave but we are afraid she will get in trouble for being a runaway. Is there anyway I can gain custody of her even though I'm a full time college student?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

You could make a report to child protective services, or alternatively move for guardianship of your sister. You would have to establish in the guardianship proceedings that the parents are unsuitable to care for your sister. This is a high bar, but one that can be helped with a competant... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Well I attempted to divorce my wife and the bias magistrate dismissed my case without prejudice for failure 2 prosecute

How do I now go about filing for custody of my children ..even though she will contest that

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

You likely failed to get service on her. You need to actually have her served with the refiled complaint. Request service through the clerk of courts via certified mail, and follow up with regular mail if that fails.

2 Answers | Asked in Real Estate Law for Ohio on
Q: I have been occupying the house that my husband won in our divorce for almost 30 years and he never had deed switched

Both of our names are on the land contract. Very soon after our divorce, he skipped town, letting me and my son stay on the property. I paid house payments, insurance, and taxes. But the deed is still in the previous owner's name. Now almost 30 years later he's back to "take care of... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

It doesn't make sense that the title hasn't transferred. Have you contacted the seller on this? You may be able to negotiate a sale to you directly, since you were the sole payor.

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2 Answers | Asked in Estate Planning for Ohio on
Q: My husband's aunt recently passed away and she had a pension but no spouse or children. Where does the money go?
Moshe Toron Esq
Moshe Toron Esq answered on Jul 13, 2020

If she had a beneficiary designation named on the pension, it would go to that person.

Otherwise, it would go to the person named in her will. If she had no will, it would go to her descendants. If she has none, then it goes to her parents (or grandparents.)

If she had no living...
Read more »

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2 Answers | Asked in Landlord - Tenant for Ohio on
Q: I opened my two family home up and let a friend of a friend move in and now they haven’t paid rent in almost two months

She said her boyfriend spent the money on illegal drugs to sell and now they are refusing to leave my home and have their friends in there with them living and no one is paying anything but me. There is no lease and I have footage of drug deals on my porch camera. How do I get these people out of... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 13, 2020

You can call the police, but they are not likely to do anything, and will tell you to file an eviction. Use the Find a Lawyer tab to retain a local attorney to help you through that process.

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1 Answer | Asked in Estate Planning for Ohio on
Q: My mother left her estate in a will to her 6 children. A few years ago, she wrote a paper saying that 1 child gets half

And the other 5 split the other half. It was notarized in a bank with 2 of her adult children witnessing. Is the paper legal or could I fight for 1/6 like the will says.

Moshe Toron Esq
Moshe Toron Esq answered on Jul 11, 2020

You could fight it.

1 Answer | Asked in Criminal Law for Ohio on
Q: I missed a court date and now I have a capias and a $10,000 bond and EMU hanging over my head. How can I avoid the EMU?

In April I was charged with violating a CPO after having to vacate my house.( wife and I are divorcing). I went to court date in May and the case was continued due to Covid19. The new court date was sent to my house which I dont have access to and I failed to appear at the arraignment. I looked for... Read more »

Matthew Williams
Matthew Williams answered on Jul 11, 2020

There’s no guarantee. You’ll just have to ask your lawyer and request the court drop the monitoring requirement and tell the judge why that would be a good idea. Some judges are flexible, others are not.

1 Answer | Asked in DUI / DWI and Family Law for Ohio on
Q: How do I know if my ex is required to have restrictive plates on his vehicle?

A court order issued in June says he must have restrictive plates, but there is no indication as to when the restriction would end.

Matthew Williams
Matthew Williams answered on Jul 11, 2020

The restriction ends when his limited driving privileges end and he can go back to having a regular license, which will be when any suspension ordered is over with.

1 Answer | Asked in Criminal Law for Ohio on
Q: My girlfriends probation was to be up on april 15 but the virus pushed it andwas popped with a violation on June 22nd?

My girlfriend was on probation and was supposed to be done on April 15th but with the corona situation it kept getting pushed then on June 22nd she was arrested for a violation for having a felon help us with putting up a pool. The judge then sentenced her to 2 years. Her court appointed attorney... Read more »

Matthew Williams
Matthew Williams answered on Jul 11, 2020

You can appeal...though it’s unclear from your question if you actually have grounds

2 Answers | Asked in Domestic Violence for Ohio on
Q: I have a domestic violence charge and I wanna drop it

I have been accused of a domestic violence charge for no reason and I need help

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 10, 2020

Can you provide a little more information about your situation?

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2 Answers | Asked in Family Law for Ohio on
Q: If my spouse moved out of the state with my 2 children 3 years ago, and wont let me see them, what can i do?

We are still legally married. Can i file something that requires her to return to the state?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 10, 2020

You can file a motion to show cause with the court asking why she should not be held in contempt. The court will likely force her to enter into a new parenting plan that allows for regular visitation.

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1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: Can Carrying concealed weapon charge be lessened to something else or dismissed
Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

Talk to a criminal defense attorney. This will depend on the circumstances, the prosecutor, and the judge. There is no one-size-fits-all answer here.

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: Is it legal to go topless for a woman in Ohio?

I want to go topless.

Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

It is a crime to do this in public per Ohio Revise Code Section 2907.09 Public indecency.

(A) No person shall recklessly do any of the following, under circumstances in which the person's conduct is likely to be viewed by and affront others who are in the person's physical...
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1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Ohio on
Q: In Ohio, can tan employer request a background check before making an offer?

The Company is in Cleveland Ohio, and requesting a complete background check. No offer made.

Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

There are very specific privacy laws surrounding this. Talk with an employment attorney. Also, background checks are not free, so it is a good sign that they are requesting it, but I have only heard of background checks requested after a conditional offer is made and accepted. Talk to an employment... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Ohio on
Q: Can I own a gun with a sealed record

I was convicted of a felony 5 complicity to breaking and entering 20 years ago I have had my record sealed do you know if I can own a gun

Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

I may have answered your question before, suggesting that you seal your record. I would simply call a criminal attorney near you and ask. They will know the requirements.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: I am selling my house (pd in full) to my niece for 100,000 waiting on appraisal est. 115,000 what documents do I need

She is working with a mortgage co and she is paying all closing costs?

Other than the proper documentation- what else should I have?

Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

It sounds like it will appraise no problem, so that should not be an issue. Your niece's loan officer will want an appraisal for the mortgage company, but they should handle the closing/title insurance/tax escrow, etc. The loan officer will not talk to you, so ask your niece if anything else... Read more »

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